Aggravated Felonies

(D)  Old Law.  Prior to November 1, 1997, the definition of aggravated felony under the Guidelines was not by direct reference to INA § 101(a)(43).  The various circuit courts had split on the issue of whether the Guidelines in fact meant to apply the full aggravated felony definition, or whether there was an actual difference depending upon the context.[417]

[417] See United States v. Reyna-Espinosa, 117 F.3d 826 (5th Cir. July 11, 1997) (federal conviction for unlawful possession of a firearm by an alien under 18 U.S.C. § 922(g)(5) does not constitute an “aggravated felony” for purposes of increasing the defendant’s offense level for illegal re-entry by 16 levels pursuant to U.S.S.G. § 2L1.2(b)(2), although it does for immigration purposes); Matter of R, 6 I. & N. Dec. 444, 450-451 (BIA 1954) (where an indictment charges several acts, any one of which would be sufficient to support the general verdict of guilty rendered by the jury, the inference most favorable to the noncitizen must be drawn as to which of the acts formed the basis of the conviction).